Can we be held to a lease if the landlord raises our rent 25% with only 30 days notice but we must give 60 days noticeto leave?

UPDATED: Oct 31, 2010

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Can we be held to a lease if the landlord raises our rent 25% with only 30 days notice but we must give 60 days noticeto leave?

We sent a letter giving notice 2 days after receiving notice of a $500 rent increase however after oour lease goes to month-to-month (10/31). The current lease states that we must give 60 days notice to terminate, which would mean we must pay at least 1 month at the higher price even if we cannot afford it.

Asked on October 31, 2010 under Real Estate Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

So today, 11/1, you are a month to month tenant.  When your lease expires and you are a month to month tenant then generally you have to give only one month's notice to vacate.  If you did not sign the new lease - and it seems that you did not - then you become a month to month tenant based upon the old lease at the old rental price.  I think that you are worried about the timing here and I can understand why. Let me see if I get it: your lease with the old rent says that you have to give 60 days notice to vacate BUT your landlord gave you a new lease 30 days prior to the expiration with a higher amount, correct?  Are you sure that your landlord is not in violation of the lease because these terms would force you to be a month to month tenant it seems and be a bit contradictory.   Pay the old rental amount and get out when the 60 days is up.  Make sure that you do a walk through of the apartment with the landlord and that you take pictures and that you have the landlord sign something as to the condition of the apartment upon vacating - that it was normal wear and tear - otherwise the next question you will be writing will be about suing for your security deposit.  Good luck.

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